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DECREE No

DECREE No. 107/2002/ND-CP OF DECEMBER 23, 2002 DEFINING THE SCOPE OF CUSTOMS OPERATION AREAS AND COORDINATIVE RELATIONS IN THE PREVENTION AND FIGHTING OF SMUGGLE AND ILLEGAL GOODS TRANSPORTATION ACROSS BORDERS AND OTHER ACTS OF VIOLATING THE CUSTOMS LEGISLATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2001 Customs Law;

At the proposal of the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree specifies the scope of customs operation areas; coordinative relations between the customs agencies and concerned State agencies, the People�s Committees at all levels as well as organizations and individuals in the work of preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

Article 2.- Scope of customs operation areas

1. The scope of customs operation areas means the areas with concrete boundaries at the land road bordergates, international railway stations, international seaports, international river ports, international civil airports, customs-clearance sites outside bordergates, export-processing zones, bonded warehouses, tax-suspension warehouses, customs privilege zones, international post offices, import-export goods inspection sites within the territory and on the seas over which Vietnam exercises its sovereign rights, and headquarters of enterprises for post-customs clearance inspection.

2. The scope of other customs operation areas means the definitely delimited areas involving export, import, exit and entry activities, which should be inspected, supervised and controlled by the customs agencies.

Article 3.- Principles for coordination in the prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation

1. The customs agencies and concerned State agencies having competence in the prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation shall have to exercise their competence strictly according to the functions, tasks and powers prescribed for each category by law and this Decree.

2. In the course of performing their tasks, the concerned State agencies shall have to coordinate with and support the customs agencies in order to ensure that each domain shall be implemented mainly by only one specialized State management agency, thus avoiding loopholes and overlaps while not obstructing the routine operations of other organizations and State agencies.

3. In the course of coordination, if problems arise, the concerned parties shall directly discuss and settle them according to law provisions; if they fail to reach agreement, they shall report such to the leaders of their respective units for solution. In cases where the ministry and branch leaderships fail to reach agreement with one another, they shall report such to the Prime Minister for decision.

4. The People�s Committees at all levels shall have to direct the coordination between the customs agencies and other concerned State agencies in their respective localities in preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

Chapter II

SPECIFIC SCOPE OF CUSTOMS OPERATION AREAS

Article 4.- The specific scope of customs operation areas at a land-road border-gate area means the area definitely delimited at a land-road border-gate on the borderline specified in the Appendix (not printed herein) to this Decree.

In cases where it is necessary to readjust the specific scope of customs operation areas at each land-road border-gate area, the Finance Ministry shall assume the prime responsibility and coordinate with the Defense Ministry and the concerned provincial/municipal People�s Committees in considering and submitting such to the Prime Minister for decision.

Article 5.- The specific scope of customs operation areas at the border-gate of an international railway station covers:

1. The station area for departure and arrival of international trains; the passengers� entry and exit area; the platform and entrepots for import, export and transit goods;

2. The yards and areas for departure and arrival of international trains and for the provision of import-export goods transportation services;

3. The areas for international transnational trains which have not gone through customs procedures, are being under the customs supervision and control but moving to other places;

4. Other areas as decided by the Prime Minister at the proposal of the Minister of Finance.

Article 6.- The specific scope of customs operation areas at the border-gate of an international civil airport covers:

1. The isolation areas for entry and exit passengers;

2. The platform and airport area for departure and arrival of exit and entry passengers, who carry along export/import goods and/or luggage subject to customs procedures;

3. The duty-free shops;

4. The loading and transshipment area; the yards and entrepots for air export, import and transit goods;

5. The parking area for exit, entry and transit airplanes;

6. Other areas as decided by the Prime Minister at the proposal of the Minister of Finance.

Article 7.- The specific scope of customs operation areas at the border-gate of an international seaport or river port covers:

1. The isolated area delimited from the outer boundary of the port�s water area where goods go through are subject to customs supervision to the boundary of the port gates, including stores and yards, piers, workshops, office building and maritime service area, water area in front of the piers, areas for moorage, anchorage, transshipment and storm-sheltering, and water area of many adjacent ports and transit channels;

2. The pilot-embarking and -disembarking area and the area specified for ships and boats on exit, entry or transit to moor and anchor pending entry in the international seaport or river port for transshipment, and narrow passages from the above areas into the international seaport or river port;

3. Other areas as decided by the Prime Minister at the proposal of the Minister of Finance.

Article 8.- The specific scope of customs operation areas at international post offices covers:

1. The area belonging to international post offices;

2. The area belonging to post offices and customs control post stations which receive mails and telegraphs, postal packages and parcels and provide overseas express mail services under the International Post Union�s Convention and post-related regulations of the Socialist Republic of Vietnam.

Article 9.- The specific scope of customs operation area at the outside- border gate areas subject to the customs management means the definitely-delimited areas where customs procedures are carried out and customs supervision as well as actual goods inspection are effected. Concretely:

1. Industrial parks, export-processing zones, export-processing enterprises, border-gate economic zones, free trade areas and customs privilege zones;

2. Inland waterway ports (ICD), special-use ports, bonded warehouses, tax-suspension warehouses, and special-use stores and yards for export, import and transit goods of organizations engaged in commercial transportation, delivery and reception of export, import and transit goods;

3. Inland duty-free shops selling duty-free goods to passengers on exit or entry;

4. The area for export and import goods inspection or places for display or introduction of temporarily-imported goods.

Article 10.- The specific scope of other customs operation areas

1. The other customs operation areas defined in Article 6 of the Customs Law mean the areas on seas, rivers or land roads when transport means are moored, anchored or moving for export and/or import goods transportation or when transport means are making exit, entry or transit; and when transshipping, border-crossing or transiting goods and/or transport means are in the customs clearance process and subject to the inspection, supervision and control of customs agencies.

2. In the areas specified in Clause 1 of this Article, the customs agencies shall assume the prime responsibility and take initiative in applying professional measures for inspection, supervision and control; using the equipped technical means for detection, prevention, pursuit, search, investigation, arrest and handling of acts of smuggling and/or illegally transporting goods across borders and other acts of violating the customs legislation.

Chapter III

RESPONSIBILITIES OF THE CUSTOMS AGENCIES, THE CONCERNED STATE AGENCIES AND THE PEOPLE�S COMMITTEES AT ALL LEVELS FOR COORDINATION IN THE PREVENTION AND FIGHTING OF SMUGGLE AND ILLEGAL GOODS TRANSPORTATION ACROSS BORDERS AND OTHER ACTS OF VIOLATING THE CUSTOMS LEGISLATION

Article 11.- Contents of coordination in the prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation include:

1. Coordination in reception, exchange and processing of information;

2. Coordination in patrol and control;

3. Coordination in detection, preclusion, investigation and handling of violations;

4. Coordination in professional training and fostering;

5. Coordination in propagation and popularization of policies and laws.

Article 12.- Responsibilities of the principal agencies and coordinating agencies

1. The principal agencies shall have to:

a/ Decide on the application of measures for detection, preclusion, arrest, investigation and handling of violations or transfer thereof to the competent agencies for investigation and handling according to law provisions;

b/ Organize joint activities for performance of specific tasks with each force participating in the coordination, in accordance with the functions and tasks of the involved forces;

c/ When necessary, request the concerned parties to mobilize forces and means for coordination and support in task performance.

2. The coordinating agencies shall have to:

a/ Perform tasks strictly according to the contents of coordination with the principal agencies;

b/ Organize forces and mobilize means for support when requested by the principal agencies.

3. The heads of the agencies defined in Clauses 1 and 2 of this Article shall be held responsible before law and before their superiors for all activities when assuming the prime responsibility for or coordinating the task performance.

Article 13.- Specific responsibilities of the customs agencies and concerned State agencies

1. The customs agencies at all levels:

a/ Within the scope of customs operation areas, the customs agencies at all levels shall have to arrange their forces, means and material conditions for the performance of the task of preventing and fighting smuggle and illegal goods transportation across borders as well as other acts of violating the customs legislation. When being informed by agencies, organizations and/or individuals of acts of smuggling or illegally transporting goods across borders and other acts of violating the customs legislation, the customs agencies must receive and keep secret the information and organize the inspection, control, investigation and handling thereof or assume the prime responsibility and coordinate with the functional agencies in the investigation and handling.

b/ Outside the scope of customs operation areas, the customs agencies shall, according to their functions and tasks, have to coordinate with the concerned State agencies in regularly patrolling and controlling the borderlines and areas as well as key areas so as to detect smugglers and illegal goods transporters as well as the involved routes or dens and other acts of violating the customs legislation;

c/ Annually, the customs agencies at all levels shall determine objectives, plans and working programs for the prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation; at the same time, and report thereon to the heads of the superior customs agencies monthly, quarterly and annually. The directors of the provincial/municipal Customs Departments must report to the presidents of the provincial/municipal People�s Committees on the implementation results.

The General Director of Customs shall define responsibilities of anti-smuggle forces in the customs service according to the provisions of law.

2. The functional agencies under the Defense Ministry

a/ Outside the scope of customs operation areas on land-road borderlines, the border guards shall assume the prime responsibility for or coordinate with the functional State bodies in performing the task of preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation;

b/ Outside the scope of customs operation areas on seas, the border guards and coast guards shall have the task of organizing prevention and fighting of smuggle and illegal goods transportation under law provisions; coordinate with the functional agencies in pursuing and arresting cross-border smugglers and illegal goods transporters and other subjects violating the customs legislation.

3. The police offices at all levels:

a/ Within the ambit of their tasks and powers, to be responsible for taking professional measures to detect cross-border smugglers and illegal goods transporters as well as their routes and dens and other acts of violating the customs legislation, which occur outside the scope of customs operation areas;

b/ To coordinate with and support the customs agencies in the work of investigation, arrest and handling of cases of smuggling or illegally transporting goods across borders and other acts of violating the customs legislation when requested by the customs agencies;

c/ To coordinate with and support the customs agencies in preventing and handling in time acts of opposing officials on duty;

d/ To coordinate with and support the customs agencies when requested to protect the providers of information about cases of smuggling or illegally transporting goods across borders and other acts of violating the customs legislation.

4. The market-managing agencies

a/ Within the ambit of their tasks and powers, to directly detect, inspect and handle contraband goods circulated on the domestic market or assume the prime responsibility and coordinate with the customs agencies therein.

b/ To coordinate with the customs agencies and concerned State agencies in preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

5. The specialized inspectorates, inspection and control forces of the concerned State agencies shall, within the ambit of their respective tasks and powers prescribed by law, have to coordinate with and support the customs agencies in performing the task of preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

Article 14.- Responsibilities of the People�s Committees of the provinces and centrally-run cities

1. To lead and direct the lower-level People�s Committees in their respective localities to implement the Party�s and State�s undertakings and policies as well as law provisions on prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

2. To coordinate with the General Department of Customs in implementing undertakings and measures of the Government, the Prime Minister and the customs service in the prevention and fighting of smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

To direct the operation coordination between the customs agencies and other concerned State agencies in localities in performing the task of preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

3. To suggest and propose the Government, the ministries and branches to amend and/or supplement mechanisms and policies related to the work of preventing and fighting smuggle and illegal goods transportation across borders and other acts of violating the customs legislation.

4. To direct the strict and lawful handling of acts of smuggling and illegally transporting goods across borders and other acts of violating the customs legislation in their respective localities.

5. To support and create conditions on investment in material and technical bases for the customs service to improve its law-enforcement controlling capability, thus step by step building a regular and modern customs service.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15.- This Decree takes effect 15 days after its signing.

Article 16.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI